1 2026:CGHC:6069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8538 of 2025 • Rajesh Jaishwal @ Rajesh Kumar Jaiswal S/o Ram Govind Aged About 42 Years R/o Dallirajhara, Tahsil Dallirajhara (Wrongly Mention As Daundi ) District- Balod (C.G.) ... Applicant versus • State Of Chhattisgarh Through P.S. Rajhra, District- Balod (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : None. For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.02.2026 1. None appears on behalf of Learned counsel for the applicants to press this bail application. The applicant is in jail since 04.10.2025, hence, this Court proceeds to consider and disposed of this bail application with the assistance of learned State counsel. 2. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 315/2025, registered at Police Station Rajhara, District – Balod (C.G.) for the offence punishable under Section 34(2) of Excise Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.04 16:44:40 +0530 2 3. The prosecution story, in brief, is that police have seized (48 Pao) total 8.640 Liter Country made liquor from the possession of the applicant from his Toffy Center, there by the offence has been registered against the applicant, hence this bail application. 4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that (48 Pao) total 8.640 Liter Country made liquor from the possession of the applicant from his Toffy Center. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the State and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 04.10.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant – Rajesh Jaiswal @ Rajesh Kumar Jaiswal, involved in Crime No.315/2025, registered at Police Station Rajhara, District – Balod (C.G.) for the offence punishable under Section 34(2) of Excise Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, 3 it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Copy of this order be sent to the concerned jail Superintendent, where the applicant is confined for necessary information and compliance. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali